Administrative Histories J-L

This list of Administrative Histories briefly chronicles the history and changes within agencies, boards and commissions of the Arizona state government.

Each administrative history includes:

  • The legal authority
  • Function
  • History
  • Sources where this information was located

For more information on Arizona state government history or on the entries in this collection, contact research@azlibrary.gov, or 602-926-3870.

List Provided by:

The State Library of Arizona
ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS 
A  Division of the Arizona Secretary of State
Holly Henley, State Librarian

Agency Histories J-L (as of September 02, 2016)

J K L
Joint Legislative Budget Committee Land Department, State
Juvenile Corrections, Department of Law Enforcement Merit System Council
Legislative Council, Arizona
Library, Archives and Public Records, Arizona State
Liquor Licenses and Control, Department of

Agencies by Title

A-C D-F G-I J-L
M-O P-R S-U V-X

Joint Legislative Budget Committee (JLBC)

Authority

The Joint Legislative Budget Committee was established in 1966.  Statutory authority for JLBC is found at A.R.S. §§ 41-1271 et seq.

Function

The JLBC is a statutory committee of the Legislature, made up of 16 members of the Arizona State Senate and the Arizona House of Representatives. The JLBC appoints a Budget Analyst (Director) who is authorized to hire staff.  The Director provides recommendations to the Legislature regarding the state budget, revenues, expenditures, revenue projections, tax structure and future fiscal needs.  JLBC staff also prepares fiscal notes which reflect the fiscal impact of proposed legislation.

JLBC staff is nonpartisan, serves the Joint Legislative Budget Committee members, Senate and House leadership, and members at large.  JLBC Staff provides an analysis of the Governor’s proposed budget; supports the Joint Committee on Capital Review; prepares recommendations for the state budget; provides tax, fiscal and economic analysis, provides support for appropriations bills for legislative consideration; and prepares various reports including the Appropriations Report which outlines budgetary details and statements of legislative intent for each completed budget. JLBC staff follows strict confidentiality requirements for requests made by legislators.

History

Two measures related to the JLBC were enacted in 1966.  The first required the Governor to submit a budget to the Legislature no later than five days after the regular session convened.  The budget was required to outline the proposed expenditures and estimated monies and revenue available during the ensuing fiscal year (Laws 1966, Chapter 95).  The second measure established the Joint Legislative Budget Committee, consisting of 14 legislators.  The JLBC was required to “ascertain facts and make recommendations to the legislature relating to the state budget, revenues and expenditures of the state, future fiscal needs, the organization and functions of state agencies.”    The JLBC was also required to appoint a budget analyst to serve as the staff director.  The staff director was required to prepare an analysis of the Governor’s budget with recommendations for revisions in expenditures (Laws 1966, Chapter 96).  A conditional enactment required both measures to pass in order to become effective.

Laws 1979, Chapter 187 required the JLBC to establish a system of fiscal notes in order to identify bills introduced in the Legislature having a fiscal impact and to describe the impact on cities, counties, and other political subdivisions of the state.

Laws 1982, Chapter 157 increased the number of JLBC members from 14 to 16.

Laws 1993, Chapter 252 required JLBC staff, in consultation with the Governor’s Office of Strategic Planning and Budgeting, to provide a report containing an estimate of the appropriations limit established by the Arizona Constitution for the following fiscal year.  A second report reflecting the total appropriated amount for the preceding and current fiscal years was also required.  The first report was due by February 15 and the second report was due by November 1 of each year.  Laws 1998, Chapter 241 required the reports to be published in odd-numbered years.  Additional amendments were made in 2002.

Laws 1994, Chapter 366 transferred the responsibility to publish the reports required by the 1993 law to the JLBC staff director.   The 1994 measure also required the JLBC staff director to recommend a list of funds to be eliminated or consolidated based on a percentage of the total number of funds in existence. The staff director was also required to recommend a list of funds to be converted from nonappropriated status to appropriated status, based on a percentage of the dollar amount of all state nonappropriated funds.

Laws 1997, Chapter 210 outlined responsibilities, requirements and procedures for program authorization reviews (PAR).  The review process was enacted in order to address the efficiency and effectiveness of a program and whether its current operation was consistent with original legislative intent.  The process was revised in 1999 and the strategic program area review (SPAR) was put in place.  See Laws 1999, Chapter 148.

Laws 1998, Chapter 153 required JLBC to compute the truth in taxation levy for equalization assistance to school districts.  The measure outlined the method to compute the taxation rate and required the rates to be transmitted to the Superintendent of Public Instruction and the county boards of supervisors by March 15 each year.

Laws 2000, Chapter 187 required JLBC to submit the truth in taxation rates to the Legislature.

Laws 2002, Chapter 210 revised the state’s budget cycles, placing the largest agencies on an annual budget cycle.  The law also revised the reporting requirement for the appropriations estimate report.

Laws 2002, Chapter 289 required JLBC to analyze the state’s tax structure, tax burdens and tax incentives and to implement a fiscal analysis system for proposed legislation that changed tax laws.  The measure also created the Arizona Fiscal Accountability Committee and the Tax Reform for Arizona Citizens Committee.  Final reports were due by September 15, 2003.  JLBC staff was required to provide technical assistance to the committees.

Laws 2011, Chapter 130 required JLBC staff to present a report each year on state debt and obligations to the legislative Appropriations committees.

Laws 2012, Chapter 298 modified JLBC staff reporting responsibilities by requiring a list of funds that were statutorily deleted, newly created, or had changed appropriated status.  The report was due by December 1 of each year

Laws 2013, First Special Session, Chapter 6 repealed the requirement for preparation of strategic program area reviews (SPAR).

Laws 2015, Chapter 11 required JLBC staff to report the expenditures for each state retirement system for the preceding fiscal year, including the expenditures made by the state as employer contributions.

Sources

  • Arizona Revised Statutes §§ 41-1271 through 41-1277.
  • Session Laws
    • Laws 1966, Chapter 95 and Chapter 96
    • Laws 1979, Chapter 187
    • Laws 1982, Chapter 157
    • Laws 1993, Chapter 252
    • Laws 1994, Chapter 366
    • Laws 1997, Chapter 210
    • Laws 1998, Chapter 153 and Chapter 241
    • Laws 1999, Chapter 148
    • Laws 2000, Chapter 187
    • Laws 2002, Chapter 210 and Chapter 289
    • Laws 2011, Chapter 130
    • Laws 2012, Chapter 298
    • Laws 2013, First Special Session, Chapter 6
    • Laws 2015, Chapter 11
  • Master List of State Government Programs, January 2015.   www.ospb.state.az.us
  • Sunset review of the Arizona Joint Legislative Budget Committee, National Conference of State Legislatures, 1999.  www.azmemory.azlibrary.gov

Related collections at Arizona State Archives

  • Record Group 97 – State Legislature

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Department of Juvenile Corrections

See also: Department of Corrections

Authority

The Arizona Department of Juvenile Corrections was established by Laws 1989, Chapter 266. Statutory authority is found at A.R.S. §§41-2801 et seq.

Function

The purpose of the Department of Juvenile Corrections (the Department) is to encompass “the supervision, rehabilitation, treatment, and education of all committed youth” (A.R.S. §41-2802). The Department was created to address needs unique to juvenile offenders, by establishing an education system and developing programs to meet juveniles’ individual treatment needs, including special education services.

The director of the Department is responsible for the overall operations and policies of the Department. The director, appointed by the governor, must have educational qualifications and training, and administrative experience in youth rehabilitation and treatment programs.

The Department is divided into five units. The Executive Staff provides leadership and oversight of daily operations, and conducts research and development. The Inspections and Investigations unit conducts investigations of department staff or juveniles if allegations of criminal action, misconduct, or other noncompliance arise. The Operations unit conducts the daily functions of the correctional facilities. Each facility provides secure housing, transportation, rehabilitation programming, and special treatment for mental health, substance abuse, and sex offenders. The Operations unit also oversees medical services, behavioral health, education, and community corrections. The Quality Assurance unit conducts inspections, audits, and evaluations, and recommends policy changes. The Support Services unit is responsible for purchasing and fiscal management, human resources, facilities administration, and legal counsel.

Laws governing other aspects of Juvenile Courts and Juvenile Offenders are found in A.R.S. Title 8, Chapters 2 and 3.

History

Since Territorial days, Arizona housed adult and juvenile offenders in both county jails, kept by the sheriffs of the counties where they are located; and territorial (state) institutions. The Territorial Industrial School was established in 1901 and located in Benson, for boys and girls between the ages of 8 and 16 convicted of an offense punishable by imprisonment. The Industrial School moved to a better location in 1912 at Fort Grant, a former military fort with more opportunities for agriculture, education and training. A separate school for girls was opened in 1927. Other juvenile facilities include Catalina Mountain School, originally opened as Arizona Youth Center in 1967; Adobe Mountain School, opened in 1972; and Black Canyon Juvenile Institution opened in 1988.

In 1967, the legislature determined that an in-depth review of juvenile corrections in Arizona was needed to address the growing numbers of youths in the system and the problems facing young people in a changing world. The legislature appointed a joint study committee, which appointed a professional advisory committee, and determined that a full review of all corrections in Arizona was necessary.

The advisory committee recommended establishing a unified department of corrections to oversee both adult and juvenile offenders. The recommendation was made to address statewide problems with duplication and overlap among governmental units at all levels of correctional systems. The joint study committee concurred, and proposed legislation to create the State Department of Corrections.

Laws 1968, Chapter 198 established the Department of Corrections and consolidated at the state level all supervisory staff and administrative functions for matters related to the incarceration and parole of adult and juvenile offenders. All property and personnel under the Superintendent of the State Prison and the Board of Directors of State Institutions for Juveniles were transferred to the new department. This law added Chapter 11, articles 1 and 2 to Title 41 of the Arizona Revised Statutes.

Laws 1969, Chapter 81 changed the term “juvenile offender” to “youth offender” and addressed their commitment, placement, discharge and release.

In 1986, a civil lawsuit was filed on behalf of a juvenile incarcerated at Catalina Mountain, alleging unconstitutional conditions. In broad terms, the suit accused the Department of Corrections of confining and treating juveniles in the same manner as adult offenders. Johnson v. Upchurch became a class-action suit, and resulted in numerous changes to juvenile corrections in Arizona.

Laws 1989, Chapter 266 created the Department of Juvenile Corrections, established the State Juvenile Educational System and created a five-member Board. This law made technical corrections and conforming changes to the Department of Corrections and other statutes related to the disposition and commitment of juveniles.

Laws 1991, Chapter 210 altered the name of the Department, changing it from “Department of Juvenile Corrections” to the “Department of Youth Treatment and Rehabilitation.” Other terminology was also changed, including “committed youth” instead of “juvenile offender” and “secure care facilities” instead of “institutions.” Additionally, new sections were added related to developing individual treatment plans based on diagnostic assessments.

Laws 1995, Chapter 178 changed the name back to the Department of Juvenile Corrections, and made conforming changes throughout the statutes.

Laws 1998, Chapter 216, created the Religious Services Advisory Committee, to advise the director on providing religious services to committed youth and accommodating the religious faiths held by committed youth. The Committee was appointed by the director. Additionally, the measure prohibited the Department from coercing committed youth to participate in religious activities.

Laws 2007, Chapter 137 created the Department of Juvenile Corrections Career Technical Education Fund and permitted the Department to sell products produced by committed youth to the public. All money from the sales goes to this fund.

Laws 2012, Chapter 354 authorized the director of the Department to assign committed youth to a designated educational program. The director may assign youth on conditional liberty to any specific public or private educational program if it is in the youth’s best interest.

Sources

  • Revised Statutes of Arizona Territory §1181 et seq.; §3572 et seq. (1901)
  • Revised Statutes of Arizona, Penal Code §1431 et seq. (1913)
  • Arizona Revised Statutes §§41-2801 et seq. (2015)
  • Arizona Revised Statutes §§8-201 through 8-421 (2015)
  • Session Laws
    • Laws 1968, Chapter 198
    • Laws 1969, Chapter 81
    • Laws 1989, Chapter 266
    • Laws 1991, Chapter 210
    • Laws 1995, Chapter 178
    • Laws 1998, Chapter 216
    • Laws 2007, Chapter 137
    • Laws 2012, Chapter 354
  • Report to the Arizona Legislature: Proposed Structural Reorganization of Correctional Programs in Arizona, Joint Study Committee on Juvenile Institutions, January 1968: http://azmemory.azlibrary.gov/cdm/singleitem/collection/statepubs/id/9281/rec/1
  • Johnson v. Upchurch, CIV-86-00195 (D. Ariz., consent decree 1993)
  • Report to the Arizona Legislature: Arizona Department of Juvenile Corrections – Sunset Factors, Office of the Auditor General, Report No. 09-10 (2009)

Related collections at Arizona State Archives

  • Record Group 181 – Juvenile Corrections, Department of
  • Record Group 31 – Corrections, Department of
  • Record Group 30 – Corrections Planning, Commission on

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State Land Department

Authority

The Arizona State Land Department was established by Laws 1915, Second Special Session, Chapter 5.  Provisions governing the Department are found in the Arizona State Constitution, Article X; Enabling Act, Sections 24 through 30;  and in A.R.S. §§37-101 et seq.

Function

The Arizona State Land Department manages approximately 9.2 million acres of state trust lands which were granted to the state at statehood.  These lands are held in trust and managed for the sole purpose of generating revenue for the 13 state trust land beneficiaries, the largest of which are the Common Schools (K-12). The Department administers laws relating to state land (both trust land and sovereign land) and controls those lands as well as the products of the land.  The Department also manages and supports resource conservation programs for the well-being of the public and the State’s natural environment.

The Department is not a regulatory agency, but is the trustee of the state’s trust land and its natural resources.  The trust status of the land imposes obligations and constraints that would not apply if the state held the land outright.  The management of the trust is governed by detailed provisions of the Enabling Act, the Arizona Constitution, Arizona Revised Statutes and extensive case law.  Those documents provide a regulatory framework that applies to sale and leases of trust land, rights of way across trust land, sale and removal of mineral material from trust land.

Monies generated from state trust lands are deposited into the Permanent Fund, managed by the Arizona State Treasurer.  Distributions from the Permanent Fund to the named beneficiaries are based on a constitutional formula.  Some of the revenue generated by the Department is distributed to beneficiaries as expendable revenue, which includes revenue from trust land leases and permits, interest from sales contracts and the Treasurer’s formula distribution of the Permanent Fund.  Expendable revenues are distributed directly to the beneficiaries based on a constitutional formula.

The trust beneficiaries are: Common Schools (K-12); University Land Code; University of Arizona (Act of 2/18/1881); Miner’s Hospital; Schools for the Deaf and the Blind; State Charitable, Penal and Reformatory Institutions; Penitentiaries; State Hospital Grant; Normal Schools; School of Mines; Military Institutes; Agricultural and Mechanical Colleges; and Legislative, Executive and Judiciary Buildings.  (Arizona State Land Department website)

The State Land Commissioner is appointed by the Governor.

History

Congress established the Arizona Territory in 1863 and in 1910 the Enabling Act was adopted.  Four sections of land from each township were dedicated for specified purposes and those lands were required to be held in trust for certain named beneficiaries.

The State Land Code, adopted in 1915, established the Arizona State Land Department and created the office of the Commissioner of State Lands to manage the trust lands and resources for the beneficiaries according to the mandates of the federal Enabling Act and the Arizona Constitution. Initial duties of the Commissioner included selecting trust lands and securing title to those lands.

In 1943 the duties of the State Water Commissioner (first established in 1919) were transferred to the State Land Department.  Duties included general control and supervision of the waters of the state, including its appropriation and distribution; authority to survey, investigate and compile water resources in the state and to make cooperative arrangements for those purposes with the federal government; and to “establish a permanent, safe and convenient public depository in the State Capitol building for existing and future records of stream flow and all other data relating to the water resources of the state.”  See Laws 1943, Chapter 28.

In 1971, these duties were transferred from the State Land Department to the Arizona Water Commission (Laws 1971, Chapter 49).  In 1980, the Arizona Department of Water Resources was created and assumed the responsibilities of the Arizona Water Commission (Laws 1980, Fourth Special Session, Chapter 1).

The State Land Commissioner also succeeded to the powers and duties previously under the jurisdiction of the Arizona Land Settlement Commission (formerly known as the Soldier Settlement Board).  The Soldier Settlement Board, composed of the members and officers of the State Land Department, was established in 1919 to acquire land suitable for reclamation and settlement in order to provide employment and rural homes for honorably discharged veterans of the U.S. armed forces.  In 1943 the jurisdiction, authority and duties of the Arizona Land Settlement Commission were transferred to the State Land Department.  See Laws 1919, Chapter 141; Laws 1921 Chapter 58; Laws 1943, Chapter 28; and the history of the Soldier Settlement Board for more information.

Laws 1966, Chapter 20 established the office and responsibilities of the State Forester and allowed the State Land Commissioner to either serve concurrently as the State Forester or to appoint a person to the position.  Legislation adopted in 2004 eliminated the option and required the Governor to appoint a State Forester.  In 2012 the State Forester was required to develop a comprehensive plan for deploying state resources for wildfire suppression.  In 2016, the State Fire Marshal was placed under the authority and direction of the State Forester and the office was statutorily reorganized as the Arizona Department of Forestry and Fire Management.  See Laws 2004, Chapter 326; Laws 2012, Chapter 135; Laws 2016, Chapter 128 and the history of the State Forester for more information.

Laws 1981, First Special Session, Chapter 1 addressed management and development of urban lands in order to encourage “development of urban state lands where growth is appropriate and development is imminent… to encourage infill… and discourage urban sprawl and leapfrog development of state lands.” (Legislative Purpose)

Laws 2002, Chapter 287 conformed State Land Department statutes to a voter-approved ballot measure to allow exchange of trust lands for other public lands under certain circumstances. (See Proposition 101, 2002 General Election.

Sources

Arizona State Constitution (Article X) and Arizona Enabling Act (Sections 24-30)

Arizona Revised Statutes

Session Laws

  • Laws 1915, Second Special Session, Chapter 5
  • Laws 1919, Chapter 141
  • Laws 1921, Chapter 58
  • Laws 1943, Chapter 28
  • Laws 1966, Chapter 20
  • Laws 1971, Chapter 49
  • Laws 1980, Fourth Special Session, Chapter 1
  • Laws 1981, First Special Session, Chapter 1
  • Laws 2002, Chapter 287
  • Laws 2004, Chapter 326
  • Laws 2012, Chapter 135
  • Laws 2016, Chapter 128

Arizona State Land Department website: http://www.land.az.gov

Historical Election Information, 2002 Election.  Arizona Secretary of State website: www.azsos.gov

Related collections at Arizona State Archives:

RG 59 – Land Department

RG 195 – State Forestry Division

Law Enforcement Merit System Council

Authority:

The Law Enforcement Merit System Council was established in 1968, replacing the Merit System Council which had existed since 1948. (Laws 1968, Chapter 200). Statutory authority is found at ARS §§ 41-1830.11 through 41-1830.16.

Function:

The Law Enforcement Merit System Council (Council) provides an employment classification and compensation plan for employees who hold covered positions within the Arizona Department of Public Safety (DPS), and personnel of the Arizona Peace Officer Standards and Training Board (AzPOST).

The Council consists of five members, appointed by the Governor to three-year terms.
The Council is required to adopt rules regarding: standards and qualifications for classified positions; fair and impartial selection and appointment, probation, promotion and removal from service; performance appraisals; hearings of employee grievances; appeals; and hours of employment, including annual and sick leave. The rules apply to all full-authority police officers who serve in a covered position and who are required to be AzPOST certified.

DPS, established as a state-level law enforcement entity in 1969, provides administrative support to the Council. DPS also supports the Governor’s Office of Highway Safety and the Arizona Peace Officer Standards and Training Board (Arizona Auditor General Report No. 11-01 p.2)

History:

The subject of a merit system as part of personnel administration based on qualifications and competitive exams appears in state historic documents from the 1940s. A merit system council was established in December 1943, pursuant to an agreement among three state agencies (health, welfare and employment security) whose employees were required by federal law or regulation to be under a State merit system (i.e. if those agencies are to be eligible for federal aid for administering their programs). (AZ Docs – MSC 001)

The Arizona Highway Patrol Merit System Council was formed by initiative of the voters on November 2, 1948. The initiative applied to the Highway Patrol Division of the Arizona Highway Department, fixed the number of patrolmen and their duties, provided for selection, retention, dismissal and compensation on the basis of merit, and created a merit system council. Council members were appointed by the Governor and could only be removed for cause, by the Arizona Highway Commission.

According to the Council, its purpose is to ensure that Arizona has a statewide law enforcement agency free from political influence. At the time it was created, it was the only merit system in Arizona. (Sunset Review of the Law Enforcement Merit System Council, Committee of Reference Report, January 3, 2008.)

The Special Legislative Committee on State Operations “Report on General State Organization” (three volumes) examines the organization of the state government of Arizona, and provides recommendations to consolidate, curtail or eliminate agencies. The report is dated December 15, 1949 and was written by Griffenhagen & Associates of Chicago, IL. The report states the committee was established to investigate various departments and institutions with regard to efficiency in government and to devise a plan of administrative organization for the state’s executive department. The report describes the existing organizational structure of the state, provides options for consideration and includes a discussion of a personnel system and merit system council specifically. (See Volume 1, Section IV, pages 13-16 and Volume 2, Section VI, page 2. http://www.Arizona Memory Project: http://www.azmemory.azlibrary.gov)

Laws 1968, Chapter 200 established the Law Enforcement Merit System Council in Title 28 of the Arizona Revised Statutes relating to Transportation (Arizona Revised Statutes §28-235). The 1968 law represented a broad legislative enactment, creating a state personnel administration and a state personnel commission. The measure also revised provisions regarding the Council. Terms for Council members were set at six years. The length of terms remained unchanged until 2012, when terms were changed to three years (Laws 2012, Chapter 321).

Laws 1995, Chapter 132 represented a comprehensive revision of Arizona laws regarding transportation. It repealed three titles of the Arizona Revised Statutes, Title 2 (Aeronautics), Title 18 (Highways and Bridges) and Title 28 (Transportation) and completely rewrote Title 28. The 1995 legislation transferred the Law Enforcement Merit System Council from Title 28 to Title 41 (State Government), effective October 1, 1997.

Sources:

  • Arizona Revised Statutes §41-1830.11 et seq.
  • Session Laws
    • Laws 1968, Chapter 200
    • Laws 1995, Chapter 132
    • Laws 2012, Chapter 321
  • Arizona Auditor General Office, Report No. 11-01 http://www.azauditor.gov
  • 1948 Publicity Pamphlet, Initiative Measure, page 11, section 2.
  • Sunset Review of the Law Enforcement Merit System Council by the Senate Judiciary and House of Representatives Natural Resources and Public Safety Committee of Reference on December 12, 2007. Report dated January 3, 2008. http://www.azmemory.azlibrary.gov
  • Report on General State Organization, December 15, 1949. http://www.azmemory.azlibrary.gov
  • Master List of State Government Programs

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Arizona Legislative Council (Council)

Authority

The Legislative Council was established in 1953 when it succeeded to the powers and duties of the State Legislative Bureau and the Special Legislative Committee on State Operations (Laws 1953, Chapter 2). Statutory authority is found in A.R.S.§§41-1301 et seq.

Function

The Legislative Council is a 14-member, statutorily established committee consisting of the President of the Senate, who appoints six Senators and the Speaker of the House of Representatives, who appoints six Representatives. Members serve two-year terms. The purpose of the Council is to improve the quality of legislation and ensure full participation by the legislative branch in determining and reviewing policy and the administration of state affairs.

Council staff provides nonpartisan support to all members of the Legislature, including bill drafting, research, computer and administrative services. The Director of the Council is responsible for publishing a bill drafting manual; publishing a report on defects in the constitution and the laws of the state; preparing session laws and other enacted laws for publication at the end of each session; and blending sections of statute that have been added or amended by two or more enactments.

The Director is also responsible for operating, managing and controlling certain portions of the state capitol building and adjacent grounds, as outlined in A.R.S.§41-1304.05. Jurisdiction for other buildings and facilities in the capitol area is divided among the President of the Senate, Speaker of the House and the Arizona Department of Administration, as outlined in the same section of statute.

History

The Howell Code, the legal code for the territory, provided for establishment of the Territorial Library at the capitol in 1864 and named the Secretary of the Territory the Territorial Librarian.

The State Library was created in 1915 and included, as one of its divisions, the Law and Legislative Reference Bureau, which was the predecessor of the Legislative Council.

The 1915 law placed the State Library under the control of a three-member board of curators and specifically named Con P. Cronin as the legislative reference librarian (Laws 1915, Chapter 62). Mr. Cronin had served as the Secretary of the State Senate for the first and second legislative sessions. He assumed his duties as librarian on June 10, 1915. His goal for the Legislative Reference Department was to supply “information, data, and bibliography on all matters of current, pending and proposed legislation at five minutes’ notice” (Maxwell, 217-218). In 1932, Con Cronin died and Mulford Winsor was appointed the State Law and Legislative Librarian in his place.

The responsibilities of the Library have remained essentially the same since statehood, although specific duties have changed over time.  For example, in 1937, the Legislature created the Department of Library and Archives, combining the State Legislative Bureau, the Library Division, and the Arizona History and Archives Division (Laws 1937, Chapter 32).

The Special Legislative Committee on State Operations was established by Laws 1949, Chapter 63 in order to “make a thorough investigation of the affairs and operations of the various departments and institutions of the state of Arizona.” The committee was required to submit a report which included: a review of the distribution of functions among departments; a plan to establish a budget office and its relationship with the Legislature, Governor, State Auditor and State Tax Commission; and recommendations to consolidate, curtail or eliminate departments in order to accomplish efficiencies and economies in conducting the affairs of the state. The Committee was authorized to employ assistants, auditors, accountants and clerks in order to conduct the survey. The measure included a general fund appropriation of $25,000 to cover committee expenses.

The Committee contracted with Griffenhagen & Associates, a national organization of consultants in public administration and finance with offices in Chicago, New York, Boston and Los Angeles. Two contracts, dated June 18, 1949 and August 30, 1949 were executed. Reports were issued in 1949, 1950, 1951, 1952, 1953, and 1954 and contained an extensive review of state policies, organization and agency responsibilities. One report, dated January 12, 1953, includes a recommendation to create a Legislative Council consisting of 14 members to provide for research and bill drafting services for legislative members. The report also recommended continuation of the Special Legislative Committee on State Operations until a Legislative Council was created. Suggested draft legislation was included as Appendix G. See Special Legislative Committee on State Operations Report, 1952, page 4 and Appendix G.

Legislative drafting services were provided by the Library until the Legislative Council was established in 1953 (Laws 1953, Chapter 2). The 1953 act transferred to the newly created Legislative Council: 1) the powers and duties of the Special Legislative Committee on State Operations; 2) the powers and duties of the Department of Library and Archives and its Director relating to the Legislative Bureau; and 3) powers and duties of the State Legislative Bureau. All related papers, documents, files, materials and property were transferred as well. A history of the Council and the debate over the merits of its creation, (including the number of members; their geographical distribution; and concerns related to constitutionality) are outlined in The Arizona Legislative Council: Its development, powers and duties, authored by Steve Birringer in 1975.

Correspondence from 1955 describes the Council as a legislative service agency, not a state agency, created to provide bill drafting, research and other services to the Legislature in order to improve the quality of legislation. Its goals included review of policies and administration of state affairs as well as cooperating with other divisions of state government (Letter from Jules M. Klagge, Director of Research to Honorable Clarence Carpenter and Honorable Harry Ruppelius, dated February 22, 1955).

Laws 1972, Chapter 75 required Legislative Council to prepare an analysis of each ballot measure referred by the Legislature as well as arguments for and against the measure. A similar measure was adopted in 1984 that applied to measures placed on the ballot by initiative (Laws 1984, Chapter 197).

Laws 1976, Chapter 161 deleted the requirement for Council to publish slip laws and required each chamber to publish its own journal. The measure also required the House and Senate to publish session laws in alternate years.

Laws 1981, Chapter 286 allowed the Council to purchase, lease and make improvements to land and buildings related to the Legislature; provided that operation, maintenance and security would be provided by the Department of Administration without charge; and authorized the Council to either employ personnel or contract for outside services to perform those functions. The measure also placed the Public Records Retention Center under Council jurisdiction.

Laws 1984, Chapter 197 transferred the responsibility to publish the Blue Book from the Council to the Secretary of State. The Blue Book contains information on the executive, judicial and legislative branches of Arizona government as well as state boards and commissions.

Laws 1990, Chapter 57 changed reports required to be submitted to the Council and eliminated closed meetings of the Council.

Laws 1994 Chapter 215 required the bill drafting manual to include styles and forms for drafting amendments; modified responsibilities for preparing the A.R.S. for publication and required Council to print and distribute session laws.

The office of the Ombudsman for Private Property Rights was established as part of the Council in 1994 in order to represent the interests of private property owners in proceedings involving governmental action.   In 2000 the name of the office was changed to the Advocate for Private Property Rights.  In 2010, the office was terminated.  See Laws 1994, Chapter 277; Laws 2000, Chapter 272 and Laws 2010, Chapter 27.

Sources

  • A.R.S.§§41-1301 et seq.
  • Session Laws
    • Laws 1915, Chapter 62
    • Laws 1937, Chapter 32
    • Laws 1949, Chapter 63
    • Laws 1953, Chapter 2
    • Laws 1972, Chapter 75
    • Laws 1976, Chapter 161
    • Laws 1981, Chapter 286
    • Laws 1984, Chapter 197 and Chapter 293
    • Laws 1990, Chapter 57
    • Laws 1994, Chapter 215 and Chapter 277
    • Laws 2000, Chapter 272
    • Laws 2010, Chapter 27
  • Libraries on the Last Frontier; Con Cronin and the Fight for Public Library Service, Margaret Maxwell. The Journal of Arizona History, Autumn 1996, pp 213-230.
  • Reports of the Special Legislative Committee on State Operations, Griffenhagen & Associates. 1949 – 1954.
  • History of the Arizona State Legislature, 1912-1967, J. Morris Richards.  Personal legislative papers, clippings, scrapbooks, manuscript and files from the Arizona Historical Society.  Arizona State Archives, Manuscript Group 31 (13 boxes, microfiche).
  • The Arizona Legislative Council: Its Development, Powers and Duties, Steve Birringer, ASU Law intern paper, 1975, 87 pages.
  • Arizona Documents Classification System, DLAPR, 1993.
  • Master List of State Government Programs   http://www.ospb.state.az.us
  • Arizona Legislative Council www.azleg.gov/az_leg_council provides a complete list of Council documents and publications.

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Arizona State Library, Archives and Public Records

Authority

The state library was originally established as the Territorial Library in 1864.  The State Library and the Law and Legislative Reference Bureau were created as state agencies in 1915 (Laws 1915, Chapter 62).  The State Librarian also served as the Legislative Reference Librarian. The Arizona State Library, Archives and Public Records (LAPR) is currently established in the Office of the Secretary of State. Statutory authority is found in A.R.S.§§41-151 et seq.

Function

The mission of the Arizona State Library, Archives and Public Records is to “serve Arizona’s citizens and government agencies by providing access to public information, fostering historical and cultural collaborative research and information projects, and ensuring that Arizona’s history is documented and preserved” (2014 Secretary of State Annual Report, page 54). LAPR, a division of the Office of the Arizona Secretary of State, consists of six branches: Administration, Archives and Records Management, State Library of Arizona, Library Development, Arizona Talking Book Library and the Arizona Capitol Museum. The focus is providing access, preserving Arizona’s history, serving Arizona government and managing and preserving information for public use.

LAPR provides general information services as well as research and reference services in the subject areas of law, government, public policy, genealogy, and Arizona. The division administers state and federal grants for public libraries, offers consultant services to both public libraries and government agencies, and is working to preserve both paper and electronic resources. The division also offers special library and information services for anyone who is unable to read or use standard printed materials due to visual or physical limitations, manages public record archival retention programs, and creates exhibits to educate the public regarding governmental and Arizona history and the legislative process (Ken Bennett letter to the Governor regarding the five year strategic plan, dated November 5, 2012).

History

The Howell Code, the legal code for the territory, provided for establishment of the Territorial Library at the capitol in 1864 and named the Secretary of the Territory the Territorial librarian.  The library and its holdings moved as the location of the territorial capitol moved: Prescott – 1864 to 1867; Tucson – 1867 to 1877; and Prescott – 1877 to 1889.  In 1889, the capitol was located in Phoenix, where it has remained.   Since its creation, the library has been either part of the legislative branch or the executive branch of government.

The name of the library has varied since it was created in 1915 as the State Library, under the control of a three-member board of curators.  The Law and Legislative Reference Bureau was created by the same law and specifically named Con P. Cronin as the legislative reference librarian. From 1938 to 1973 the library was part of the legislative branch, and was known as the Department of Library and Archives.  From 1973 to 1976 the library was part of the executive branch, and was known as the Division of Library, Archives and Public Records within the Arizona Department of Administration (Laws 1972, Chapter 141). From 1976 to 2000 the library was again part of the legislative branch, and named the Department of Library, Archives and Public Records (Laws 1976, Chapter 104).  In 2000, it was renamed the Arizona State Library, Archives and Public Records.  In 2009, the library was moved to the executive branch when it was established as a division of the Secretary of State’s Office (Laws 2009, Chapter 114).

Creation of library divisions:

The responsibilities of the library have remained essentially the same since statehood, although specific duties have changed periodically.

In 1937 the legislature combined the State Legislative Bureau, the Library Division and the Arizona History and Archives Division, creating the Department of Library and Archives.   The measure designated the History and Archives Division as the central depository for all official books, records and documents, not in current use, of state offices and departments, and of counties and incorporated cities and towns. (Laws 1937, Chapter 32).

Laws 1949, Chapter 51 established a library extension section within the Library Division of the Department of Library and Archives.

In 1953, legislative drafting services were transferred from the State Legislative Bureau to the newly created Legislative Council (Laws 1953, Chapter 2).

In 1964 the legislature established the Records Management Division within the Department of Library and Archives to preserve public records (Laws 1964, Chapter 55).

Laws 1969, Chapter 27 established library service for the blind and physically handicapped as part of the library extension service division.

Laws 1981, Chapter 286 authorized the establishment of the State Capitol Museum for public educational purposes.

Sources

  • A.R.S.§§44-151 et seq.
  • Session Laws
    • Laws 1915, Chapter 62
    • Laws 1937, Chapter 32
    • Laws 1949, Chapter 51
    • Laws 1953, Chapter 2
    • Laws 1964, Chapter 55
    • Laws 1969, Chapter 27
    • Laws 1972, Chapter 141
    • Laws 1976, Chapter 104
    • Laws 1981, Chapter 286
    • Laws 2009, Chapter 114
  • 2014 Annual Report; Arizona Secretary of State, page 54. www.azsos.gov
  • Margaret Maxwell.  “Libraries on the Last Frontier; Con Cronin and the Fight for Public Library Service.”  The Journal of Arizona History. Autumn 1996: 213-230.
  • Arizona Documents Classification System, DLAPR, 1993.
  • Master List of State Government Programs

Related collections at Arizona State Archives

  • Record Group 6 – Secretary of the Territory
  • Record Group 54 – Territorial/State Historian
  • Record Group 99 – Arizona State Library, Archives and Public Records

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Department of Liquor Licenses and Control

Authority:

The Department was created in 1939 (Laws 1939, Chapter 64).
Statutory authority is found in A.R.S. Title 4, Sections 4-101 et seq.

Function:

The Department of Liquor Licenses and Control (DLLC) regulates the manufacture and sale of liquor in this state. DLLC consists of the State Liquor Board (Board) and the office of the Director of the Department.

The Board consists of seven members appointed by the Governor to three-year terms. The Board is authorized to grant and deny license applications, adopt rules and conduct hearings and appeals of administrative disciplinary proceedings of licensees.

The Director is appointed by the Governor and is responsible for maintaining a list of licensees, cooperating with law enforcement agencies regarding investigations of liquor law violations, establishing an investigations unit, taking evidence and issuing subpoenas, issuing cease and desist orders, inspecting licenses premises, confiscating wine falsely labeled as an Arizona wine, and setting standards for training courses related to handling spirituous liquor and liquor laws.

Each state has the primary authority to enact and enforce alcohol laws consistent with the desires and needs of its citizens. Arizona is, and has always been, a “license” state in which liquor licenses are issued to qualified individuals who wish to produce, distribute or sell liquor to the public. Other states are “control” states in which the state operates liquor warehouses and retail outlets.

DLLC is organized into three divisions:

  • The Administration Division, which provides daily departmental operations including budget and finance, compliance, liquor license auditing and personnel.
  • The Licensing Division, which issues, transfers, renews and audits the various types of licenses.
  • The Investigations Division, which ensures compliance with Arizona liquor laws (A.R.S. § 4) by providing educational courses on fake IDs and liquor law to licensees, conducting routine liquor inspections at licensed locations, responding to complaints received by the public, and training law enforcement agencies statewide on the Covert Underage Buyer program and other liquor-related law enforcement.

History:

Arizona’s first liquor regulation was the 1864 Howell Code which assessed liquor taxes on vendors of wines and distilled spirits. The Volstead Act of 1919 enacted national prohibition and eliminated the need for liquor regulation. Prohibition began in 1920 and lasted 13 years.

Prohibition ended in December, 1933 when 36 states (a three-fourths majority) had ratified the 21st Amendment to the United States Constitution. Arizona voted to ratify the 21st Amendment in September, 1933. The Amendment also provided individual states the right to choose their own system to regulate alcoholic beverages.

In the spring of 1933, Arizona organized the Temperance Enforcement Commission and authorized the State Tax Commission to enforce liquor laws, issue licenses and collect fees and taxes. (Laws 1933, Chapter 76). In 1939, responsibility to enforce laws relating to spirituous liquor, including licensing, regulation, manufacture and sale, shifted to the newly created Department of Liquor Licenses and Control (Laws 1939, Chapter 64).

Laws 1982, Chapter 297 authorized domestic farm wineries to produce and sell Arizona wine. A wine labeled as an ‘Arizona wine’ must contain a minimum percentage of grapes grown in Arizona. Laws 1988, Chapter 294 allowed a domestic farm winery to obtain a wine festival license and allowed sampling of Arizona wine and sale of products in original containers for consumption off the wine festival premises.

Similar legislation authorized domestic microbreweries to operate in Arizona and sell their products. Certain limitations apply. See Laws 1987, Chapter 264.

Sources:

  • Arizona Revised Statutes § 4-101 et seq.
  • Session Laws
  • Laws 1933, Chapter 76
  • Laws 1939, Chapter 64
  • Laws 1982, Chapter 297
  • Laws 1987, Chapter 264
  • Laws 1988, Chapter 294
  • http://www.azliquor.gov

Related collection at Archives:

Record Group 58 – Department of Liquor

Agencies by Title

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